Residents point out petition calling for PUD vote doesn't call for special election

By Josh Troy

newseditor@couriernews.com

The Russellville City Council unanimously approved the first reading of an ordinance Thursday night to fund a Sept. 14 special election on the Planned Unit Development (PUD) referendum.

While it will be voted on again at the council's Aug. 18 council meeting, many controversial issues still need to be addressed.

Russellville resident Gerhard Langguth said the proposed ordinance was pursuant to Arkansas Code Annotated 7-9-111(h), which reads, "Municipal referendum petition measures shall be submitted to the electors at a regular general election unless the petition expressly calls for a special election.

"If the date set by the petition does not allow sufficient time to comply with election procedures, then the city council or town council shall fix the date for any special election on the referendum measure. The date of any special election shall not be more than 120 calendar days after the date of certification of sufficiency by the municipal clerk."

"The petition says on or before the general election," Langguth said. "Those of us who wrote the petition wanted anyone signing to understand that the City Council has the authority to call a special election.

"However, there is nothing in state law and nothing in the petition that even comes close to calling for a special election. The City Attorney has cast his net far and wide. All he could find was Wright vs. Ward. We should notice that it was decided in 1926. That is one year after Amendment 7 took effect and 20 years before the state law was written. Also, the facts are reversed. The petition in that case expressly called for a special election and the council ignored that call.

"How can anyone use this to suggest that our petition somehow burdens the taxpayers to conduct a special election when none is called for?" Langguth asked. "State law is absolutely clear  referendums shall be at the general election."

City Attorney Trey Smith said if there were no action taken, the PUD election would be held at the next general election  Nov. 7, 2006. He pointed out the city has two options.

"The case referred to is still valid law," Smith said. "If the city takes no action, then the referendum will be Nov. 7, 2006. If the council decides to hold a special election, then they have to set the date within 120 days of when the city clerk deemed the petition sufficient."

According to Smith, the 120 days would be up after Oct. 12. Russellville resident Wayne Phillips said he read the same statute as Langguth.

"It is not necessary for anyone to call a special election," Phillips said. "The referendum did not call for a special election. In my opinion, you do not have responsibility to call a special election."

Another Russellville resident, Robert McCready, said a special election would cost the city at least $3,000. Alderman Robert Wiley noted the county would be obligated to pay half the cost, making the total of the proposed special election more than $6,000.

"Under a special election, it (cost) is supposed to be split half and half," Smith said.

After Aug. 12, however, Smith said a new law would go into effect obligating the city to pay the full cost of the special election. He said that means if the council declares a special election on the second reading at the Aug. 18 meeting, the city would have to foot the entire bill.

"Right now, it's half and half for the county and the entity that has a special election," Smith said. "The general assembly passed an act that goes into effect Aug. 12 that places the full cost on the entity holding the special election. That's my legal opinion."

Wiley said having the election was important so developers know what they can do one way or the other.

Alderman Ronnie Tripp said it was important to have two readings on the ordinance at next month's meeting. After Thursday night's reading, he said the public would read about the election in the paper and could give feedback before Aug. 18.